In the spring of 2018 has verkündtet the basel-Stadt Department of justice and Security that it wants to raise seven-Tesla-police vehicles. Not even a year later, the business audit Commission of the Great Council (GCC) criticized this procurement harshly. “The legal requirements and internal guidelines were not respected in various points observed and even downright abuse. In the Canton of Basel-city, the rule is that sums over 100’000 Swiss francs a mandatory public tender must be made – the legal prerequisites for the application of the free-handed procedure, the Tesla purchase with a price of 140’000 francs was not given from the point of view of GPK. In other words: This procurement was arbitrary. In this context, the GCC criticized the behavior of security Director-Baschi Dürr (FDP), because he has set this in the procurement over the objections of the Cantonal expert body for public procurement (KFöB).

From the beginning, Tesla in focus

The GPK in your 14-page report that you did not deal with environmental or political issues around the Tesla as a patrol vehicle. The GCC expressed exclusively on the question of whether the procurement process was run correctly. And this is not the case, a detailed chronology: In August 2017, the project was started to plan for a Tesla-procurement, in October, were then defined as properties that meet the vehicle, and in November, a Tesla test drive took place.

Zesty: at this time, yet to be defined, that an electric vehicle should be selected. Dürr was able to overcome in the course of the Hearings with the GPK, then the presumption is that some in the procurement involved JSD staff wanted to from the beginning to the Tesla (BaZ reported). In any case, had already on 11. December 2017, i.e. four months after the launch of the procurement plan, the vehicle selection “on a single manufacturer” is limited.

The GPK-examination promotes also evident: The criteria were to on 18. December changed, so that the order can be hands-free to be awarded to Tesla. The KFöB noticed this “strong focus on a model” as well as the Adherence to a direct award procedure. In January 2018, the KFöB spoke about the JSD. Nevertheless, the JSD decided in February 2018, at the free-hand assignment. The JSD instructed “to publish the award display, also without the consent of the KFöB”, then what on 3. March 2018 was going to happen.

criteria

this procedure complies with the JSD and Baschi Dürr have ignored a verbal criticism on the part of the KFöB. Ask if a market analysis has been carried out or whether a pure electric was mandatory, and was only answered in the “summary of insurance”, “that the criteria for a discretionary procedure were fulfilled”.

From the procurement chronology, it can be seen how the JSD, the project paper, “project Tesla” on 7. March 2018 adapted subsequently, to be able to the Supplement company Force Pro B. V., will give. Inexplicably, for the GCC, why JSD staff will be sent at the beginning of March 2018 at the auto salon in Geneva, to “make electric vehicles to locate,” even though the award decision had already been taken. 17. March instructed the JSD Force Pro in the Netherlands, with the Tesla delivery.

Baschi Dürr had in accordance with the GPK-President Christian von Wartburg (SP) early on aware of the procedure for the procurement, waived no course correction. Even as the KFöB the JSD announced that “serious political and legal concerns in the hands-free procurement”, held at the procedure. The KFöB reported, therefore, of the “fruitless talks”; she had tried until the very last, to find a solution with the procurement law and the internal JSD-rules in line.

The car stop

In April 2018 – a month after the award of the contract – contacted the Ombudsman, the JSD of the cantonal data protection. Reason: third party data to be transmitted to the storage directly to the manufacturer in the USA. “Everyone knows that Tesla collects data from its vehicles, because the car manufacturer is working on a self-driving car,” said von Wartburg yesterday in front of the media. Particularly sensitive is the microphone recording from inside the vehicle.

In a police vehicle, such a data collection is particularly delicate, which is why the privacy advocates pointed out at the first call, the JSD to the fact that, in the context of vehicle procurement should have been made to prior checking pursuant to Paragraph 13 of the information and data protection act.

The data protection Ombudsman requested information relating to the storage and use of person-related data. However, the JSD also ignores the objections. “Until December 2018, when the issue was taken up in the media, is representative of the JSD active in this topic or in cooperation with the data privacy”, the GCC report.

law

want to adhere to The GPK sees no great will of the in the procurement Involved, to comply with the law. “From a certain point of time is the JSD no more intention to, procurement in accordance with the Department’s internal specifications and in conformity with the law.” Drought continued on alone. “The JSD on the hands free method, although the KFöB had highlighted, the legal for this procedure were not given.” Not just koorperativ the JSD was the transparency of how the Procurement was handled. As the GPK requested documents were not submitted completely. A justification for the Retention of papers, however, the JSD has remained guilty.

in Spite of the harsh criticism JSD and Baschi have to fear drought: “There are no criminal provisions in the procurement law,” said von Wartburg. “Sanctions are not provided.” (Basler Zeitung)

Created: 14.02.2019, 13:29 PM